Oakwood Solicitors

Constructive Dismissal

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A Constructive Dismissal claim can arise when the employer commits a fundamental breach of the employment contract, and as a consequence of this breach, the employee terminates the contract by resigning from their employment.

To make a claim, you must have been employed continuously for a period of two years in order to put forward. If you are under this timescale however, please do get in touch as you can make a claim for discrimination even if you have been employed for less than two years.

It is recommended by ACAS code of practice that employees should lodge a formal grievance against their employer before taking steps to resign. This is to give your employer a chance to resolve the matters at hand.

If you do not lodge a formal grievance before resigning, any damages awarded to you at the employment tribunal can be reduced by up to 25%.

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